Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. JOSEPH DE RUVO, Respondent, v. BENEDICT L. PAGLIA et al., Appellants. Order unanimously reversed and the motion to strike the case from the jury calendar granted. As plaintiff has pleaded a cause of action at law with a cause of action for equitable relief, he has thereby waived his right to a jury trial for the common-law cause of action. ( Di Menna v. Cooper Evans Co., 220 N.Y. 391; Leav v. Weitzner, 268 App. Div. 466, 467.) Settle order on notice.